FDACS Proposed Regulatory Plan

Transcription

1 , , E Registration and Labeling of Animal and Vegetable Manures, Composts, Soil Amendments and Soil Additives. Clarifies registration and labeling requirements for manures, composts and soil amendments and additives , E , , , E Reports and Inspection Fee Payment, Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement Commercial Values for Penalty Assessments , E Enforcement and Penalties E , , , , , , Organo-Auxin Herbicides: Restrictions and Prohibitions 5E Enforcement and Penalties Amending the payment process to an electronic process and revising incorporated materials Amending fertilizer sources and updating the fertilizer commercial values used in penalty calculations To adopt by reference the changes of Chapter 570, F.S., establishing class categories for administrative and civil penalties for violations to the law set forth in Section , F.S., and to define fine matrices for penalties pursuant to Section , F.S. Amends existing language to comport with USEPA requirements for language describing minimum droplet size To adopt by reference the changes of Chapter 570, F.S. establishing class categories for administrative and civil penalties for violations to the law set forth in Section , F.S., and to define fine matrices for penalties pursuant to Section , F.S E Enforcement and Penalties Updating incorporated materials , , , , , , E E E E E Enforcement and Penalties Procedures for Pesticide Applicator Certification, Licensure, and License Renewal. Procedures for Pesticide Dealer Licensure and License Renewal. Procedures for Pesticide Applicator Recertification Pesticide Aircraft Registration, Liability Insurance/Surety Bond, Security, Inspection, Storage, Recordkeeping, Area-of-Application Information, Transactions, and Forms , E Enforcement and Penalties To adopt by reference the changes of Chapter 570, F.S. establishing class categories for administrative and civil penalties for violations to the law set forth in Section , F.S., and to define fine matrices for penalties pursuant to Section , F.S. Online application and recertification processes and online continuing education provider CEU request process, and requirements to be a provider Online application and recertification processes and online continuing education provider CEU request process, and requirements to be a provider Online application and recertification processes and online continuing education provider CEU request process, and requirements to be a provider Updating incorporated materials To adopt by reference the changes of Chapter 570, F.S. establishing class categories for administrative and civil penalties for violations to the law set forth in Section , F.S., and to define fine matrices for penalties pursuant to Section , F.S. Page 1 of 13

2 , E E District or County Use of Funds Inspections and Investigations Amends accounting procedures to align with Section , F.S. Updating incorporated materials , E Fumigation Requirements - Prefumigation Inspections, Evacuation, Warning Notices (Signs), Special Safety Precautions and Responsibilities Clarifies warning sign posting requirements for fumigations , , , , 5E Application for Department applicator credentials. The purpose of this rulemaking is to update incorporated materials, to allow the option of online applications, and to clarify qualifications , E Emergency Pest Control Certificate - Qualifications, Applications, Restrictions To modify requirements for the use of restricted use pesticides by a licensee operating under an emergency certificate Water Water Water Water Water Water Water Water , E (7)(c)2 5M Identification card -training verification. Update incorporated materials,, and clarify qualifications Approved Florida Dairy Adopts new Dairy BMP manual Best Management Practices (7)(c)2 5M Presumption of Compliance Establishes criteria for enrollees to receive presumption of compliance (7)(c)2 5M Notice of Intent to Implement Adopts new Notice of Intent form by reference (7)(c)2 5M Record Keeping Establishes criteria for record keeping (7)(c)2 5M Approved Florida Poultry Adopts new Poultry BMP manual by reference Best Management Practices (7)(c)2 5M Presumption of Compliance Establishes criteria for enrollees to receive presumption of compliance (7)(c)2 5M Notice of Intent to Implement Adopts new Notice of Intent form by reference (7)(c)2 5M Record Keeping Establishes criteria for record keeping , (1), (2)(a), (1), (2),, , C Penalties Adds and clarifies penalty categories and amends penalty amounts Page 2 of 13

3 (2)(a), 5C Definitions Adds and clarifies definitions for referenced testing requirements General Requirements and (2)(a), 5C Amend OCVI requirements to match federal ID rule Limitations, (c) (2)(a), 5C Equine Updating incorporated materials, (2)(a), 5C Cattle or Bison Updating incorporated materials (2)(a), 5C Goats or Sheep Updating incorporated materials (2)(a), 5C Swine Updating incorporated materials Cervids (Farmed or Amends rules for importation of cervids to reflect importation ban under authority of FWC and repeals obsolete (2)(a), 5C Captive) import rules Domestic Fowl, Poultry, (2)(a), 5C Poultry Products, and Amends procedure and testing requirements for poultry being imported into state Ratites (2)(a), 5C Enforcement and Penalties Adds reference to penalty schedule in 5C (2)(a), Poultry, Domestic Fowl or 5C Amends rule to include trigger rule for additional importation requirements (1), (2) Ratites (3) 5C Schedule of Fees Amends fee schedule (1), (3) 5C Purpose Amendments to wording and formatting Page 3 of 13

4 5C Definitions Amendments and additions to clarify terminology used throughout 5C-18 5C Official Test Update incorporated materials and amend requirements on testing documentation 5C Report of Test Update incorporated materials 5C Identification of Reactors To clarify testing submission requirements 5C Quarantine ing quarantine testing and movement restrictions 5C C Test Required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares Procedures for Assembly Points, Approved Quarantine Assembly Points, Approved Quarantine Premises and Horse Slaughter Sales Implement phrasing for specific EIA requirements for clarification. Removes obsolete requirements Rule to be repealed Page 4 of 13

5 , (1), (2)(a), (1), (2),, , (2)(a), , C Penalties Adds and clarifies penalty categories and amends penalty amounts 5C Aquaculture L TBD General Requirements and Intent New rule to allow for movement from Approved Livestock Markets to other states and adoption of incorporated materials Implements technical changes updating the address of the Division of Aquaculture, updates the publishing year of the most current Model Ordinance cited, replaces an incorrect number on a list, and updates a web link that the Federal government has changed Aquaculture L Definitions Implements technical changes updating the publishing year of the most current Model Ordinance cited. Technical changes for clarification. Adds definition of Aquaculture Use Zone to be consistent with Chapter 5L-3 Aquaculture L Aquaculture , , L Aquaculture L Aquaculture (1), , Aquaculture L Shellfish Harvesting Areas and Standards Production and Market Standards Shellfish Processing Plant Certification License Amends the rule to allow for quarantine controlled harvest of shellfish as described in the Model Ordinance, removes the administratively closed St. Marks Shellfish Harvesting Area, adds the Choctawhatchee Conditionally Restricted Eastern Harvest Area, new management and classification boundaries for Wakulla Harvest Area and Cedar Key Harvest area. Per industry request modifies existing management plans for Pine Island East and West. Updates incorporated materials Implements technical changes updating the Division's address and a form revision date. Amends the rule by removing an outdated requirement for an unnecessary FWCC license, thereby helping businesses which strictly deal with aquaculture fishery products. Eliminates a redundant, reapplication requirement for processing plants which fail their initial inspection. 5L Compliance and Penalties Updates incorporated materials and reorganization of rule for clarity Container Identification, Terminal Sale Date, Prohibitions. Amends the rule by restating harvester responsibilities in a clear fashion, to assist their understanding and assist our sister agency's understanding. Amends bulk tagging requirements and who is responsible. Aquaculture L Shellfish Handling Reorganization of rule for clarity and to include table of new time/temperature requirements Aquaculture (15), (19), L Shellfish Relaying ing rule language and including new rule language to clearly describe biotoxin relay steps. Aquaculture L Buildings and Facilities Updating hand washing facility technical requirements for consistency with the National Shellfish Sanitation Program. Aquaculture L Equipment for Shellfish Processing Implements that shell stock shippers do not require to install and maintain a three compartment sink. Amends the rule by adding language to include wet storage and adds the words "food safe" to make it easier to understand what kind of materials are required to be used in shellfish wet storage and depuration systems. Aquaculture L Sanitary Operations Implements technical changes updating the Division's address. Aquaculture L Plant Operations Implements technical changes updating the publishing year of the most current Model Ordinance cited and strikes through an incorrect citation to 5L and replaces it with the correct one. Amends the rule by adding clarifying language to distinguish which types of wet storage require ultraviolet light systems and adds language describing corrective action for oysters failing to cool by specific times. Removes Tempering which is added to 5L Aquaculture L Heat Shock Method Reviewing to make sure current with 2013 model ordinance and language consistent with the rest of 5L-1 Page 5 of 13

6 Aquaculture L Aquaculture L Aquaculture L Depuration Plant Operations Depuration Shellfish Sampling Procedures Depuration- Process Water Treatment Standards Amends the rule by incorporating relevant portions of the rule with wet storage of shellfish. Eliminates confusing language regarding draining of certain treatment tanks and therefore standardizes the cleaning procedure. Adds in Ultraviolet Unit requirements Reviewing to make sure current with 2013 model ordinance and language consistent with the rest of 5L-1 Amends the rule by incorporating text to describe the substantially different requirements for wet storage process water. Current rule erroneously assumes depuration water and wet storage water testing criteria are the same. This amendment would align Florida's program with the National Shellfish Sanitation Program. Implements a technical change by replacing an outdated scientific name for an organism with the modern scientific name. Aquaculture L Depuration - Ultraviolet (UV) Unit Moving to 5L Aquaculture L Laboratory Procedures and Implements technical changes by updating the Division's address. Updating incorporated materials. Sample Testing Aquaculture Best Aquaculture L Management Practices Amends Aquaculture Best Management Practices Manual Manual Aquaculture L Aquaculture Certificate of Registration Amends annual registration fee and required submittals. Aquaculture L Minimal Impact Facilities Amends definitions of Minimal Impact Facilities. Aquaculture , Failure to Comply with , 5L Amends fines and violations to be consistent with F.S. Best Management Practices F-1 Weights and Measures Repeals rule chapter. 5F-3 Model State Packaging and Repeals rule chapter. Labeling Regulation Voluntary Registration of men and 5F-4 Agencies for Commercial Repeals rule chapter. Weighing and Measuring Devices 5F-5 Specifications, Tolerances, and Other Technical Requirements for Repeals rule chapter. Commercial Weighing and Measuring Devices 5F-7 Uniform Regulations for the Method of Sales of Repeals rule chapter. Commodities 5F-12 Test Procedures to Determine Acceptable Pricing Practices Repeals rule chapter. Guidelines for Imposing 5F-13 and Fines for Violations of Repeals rule chapter. Chapter 531, Florida Statutes (1), (2), (3), (4), (1), (2), 5J Registration Amends incorporated form J Exemption Updates reference to department form (2), (3) 5J Security Requirements Updates reference to department form. Page 6 of 13

7 (1)(h), (5) 5J Definitions Provides definitions that clarify terms referenced in statute (9)(a), (4) 5J Complaints Incorporates department forms (9)(b), (4) 5J Enforcement Actions and Establishes a penalty structure consistent with others within the department , , 5J Licensing Requirement General cleanup of incorporated department forms , J Exemption Updates reference to department form J Denials Updates reference to department form J Security Requirements Updates reference to department form , J Registration Amends incorporated forms , Professional Solicitor 5J Registration Amends incorporated forms , Enforcement Actions and , 5J (4) Creates guidelines for imposing administrative fines for violations of the Solicitation of Contributions Act J Franchises Amends incorporated form (10)(c) 5J Denials Establishes grounds for denial for applicants with certain criminal histories , , , , (4) 5J Enforcement Actions and Establishes a penalty structure consistent with others within the department J Board of Professional Surveyors and Mappers Amends rule chapter with general updates necessary to protect the health, safety and welfare of the public J Standards of Practice: General Survey, Map, and Report Content Requirements. Amends rule chapter with general updates necessary to protect the health, safety and welfare of the public. Standards of Practice: J Specific Survey, Map, and Amends rule chapter with general updates necessary to protect the health, safety and welfare of the public. Report Requirements Standards of Practice J Professional Matters in Amends rule chapter with general updates necessary to protect the health, safety and welfare of the public. Surveying and Mapping (3), (4) 5J Definitions Adds 4 rides to be coded as super rides due to the extensive/extraordinary amount of inspection time to assure compliance with the requirements of the law (4) 5J Standards Adopted Adopts newer versions of standards currently adopted (4)(b), (18), (19) 5J (14) 5J Enforcement Actions and Reporting of Accidents and Mechanical, Structural or Electrical Defects Adds Class II category pursuant to s , F.S. Defines transport in regards to accidents to conform with current operating procedures (10) 5J Games Adds approved game to rule chapter , J Bureau of Liquefied Petroleum Gas Inspection Renames rule and updates department form. Forms , (23) 5J Standards Updates specifications and forms. Page 7 of 13

8 525.14, (23) 5J Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2 Updates forms , (23) , (23) 5J J Registration and Identification Inaccurate Measuring Devices Updates labeling and forms. Updates forms , (23) 5J Inspection Identification Stickers Updates forms , (5)(b), J Adoption of the General Code and the Codes of Establishes maximum time limit reporting requirements for the installation of petroleum fuel measuring devices; Liquid-Measuring Devices, adopts a department form; and adopts rules pertaining to ADA fueling assistance at self-service gas stations. Liquefied Petroleum Gas Guidelines for Imposing Updates penalty section , , (23) 5J J Definitions Provides definitions that clarify terms referenced in statute. Page 8 of 13

9 J Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices Adopts most recent version of NIST Handbook , (3), (4), (7), (16), , , , J Uniform Packaging and Labeling Regulation; Uniform Regulation for National Type Evaluation; Uniform Regulation for the Voluntary Registration of persons and Agencies for Commercial Adopts most recent version of NIST Handbook; clarifies all weighing and measuring devices must have approval Weighing and Measuring through NTEP, if going to be used in commerce in the state of Florida; and updates incorporated department form. Devices; Uniform Regulation for the Method of Sale of Commodities; Examination Procedure for Price Verification; and Uniform Unit Pricing Regulation (3) 5J Net Contents of Packaged Goods Adopts most recent version of NIST Handbook J Metrology Lab Fees Adopts most current versions of ASTM International documents , , J , (1) 5J , , , , , , , Weighing and Measuring Device Permits Guidelines for Imposing Amends language to include new devices and application so they are captured in this section along with all other weighing and measuring devices. Updates penalty section to reflect a more appropriate penalty scale that coincides with the severity of the violation and to account for any applicable changes resulting from updates to Chapter 570, F.S. 5J Standards Updates ASTM Standards. 5J Registration Updates the registration section to comply with statute; updates incorporated department forms. 5J Guidelines for Imposing Updates the penalty section to comply with statute. Page 9 of 13

10 526.53(1), (2), J Performance Specifications and Standards for Motor Vehicle Brake Fluid Incorporates SAE International standards to further define testing protocols , , , J Energy , O J Registration Updates the registration section to comply with statute; updates incorporated department forms. Guidelines for Imposing Renewable Energy and Energy-Efficient Technologies Grants Program Updates the penalty section to comply with statute. Amends the existing rule in order to utilize funds that were not expended under the 2006 Renewable Energy and Energy-Efficient Technologies Grant Program. Energy O Natural Gas Fuel Fleet Vehicle Rebate Changes to the rule may be required in order to implement proposed legislation filed for the 2016 Legislative Session that would allow potential applicants to fully utilize the entire appropriation under a particular fiscal year (28), , (1)(b), (1) (i), (3), 5I Open Burning Allowed Add the word "certified" to the provision in (2)(f) 3 that would start as: Participation in five (5) "certified" burns and have this documented I Purpose Add some wording expanding program delivery, and delete Plant A Tree Trust Fund , I I Definitions Revise definitions and division name and remove the Plant A Tree Trust Fund Use of Plant A Tree Trust Fund Monies Revise the title of the Rule, and revise provisions and delete others I Grant Application Process Revise the title of the Rule, revise first paragraph delete provisions since this will be in referenced materials I Reviewing and Processing Grants Repeal obsolete rule I Maintenance of Grant Award Projects Revise the Title, and amend the provisions and delete Plant A Tree Trust Fund I Prioritization of Grant Applications Repeal obsolete rule I Award of Grants Revise the Title, and amend the provisions, delete Plant A Tree Trust Fund and first paragraph, and change word "grants" to "contracts" I Execution of Agreement Revise the Title, and delete and amend the provisions, delete "memorandum of agreement" and replace with and Documents "contracts". Review of Projects in I Progress and Upon Amend and delete the provisions Completion P Responsibilities for the Updates the references to forms; removes references to the "Office of Food, Nutrition and "; and makes School Food other changes consistent with current federal regulations Program , P Supervision and Administration Removes duplication of 7 CFR P Supervision and Administration Removes all references to the incentive plan Provides definitions related to the administration of the National School Lunch Program (NSLP), School P Definitions Breakfast Program (SBP), Special Milk Program (SMP), Afterschool Snack Program (ASSP), and Seamless Summer Option (SSO) P Program Participation Provides the eligibility criteria and application requirements for program participants Page 10 of 13

11 P Program Responsibilities Provides the rights and responsibilities of program participants P Procurement Standards Specifies the standards for procurement of goods and services in SNP's P Reimbursement Provides guidance for sponsors on the use of funds, claims reimbursements and financial oversight P Administrative Reviews and Audits Specifies the processes for department review and oversight of sponsors, as well as evaluations and audits of the sponsors compliance with SNP regulations and operational effectiveness by other state and federal agencies P Sanction, Penalties, and Fiscal Action Specifies the substantive and fiscal consequences of program irregularities, complaints, fraud, and other findings against sponsors P Appeals Provides the process for participant appeal of department decisions P Definitions Provides definitions related to the administration of the Summer Food Program (SFSP) , P Eligibility Provides the department's process of determining the eligibility of institutions and organizations applying for participation in SFSP P Program Participation Provides the SFSP application process and the department's standards for approval or denial of applications P Program Responsibilities Provides the rights and responsibilities of program participants P Procurement Standards Specifies the standards for procurement of goods and services in SFSP P Reimbursement and Advances P Financial Management Provides guidance for sponsors on the claims reimbursement and advance payment processes Specifies SFSP requirements related to allowable use of funds, submission of budget, budget adjustments, the timeline for required budget information, and financial oversight P Administrative Reviews and Audits Specifies the processes for department review and oversight of program sponsors, as well as evaluations and audits of the sponsors compliance with SFSP and operational effectiveness by other state and federal agencies P Sanction, Penalties, and Fiscal Action Specifies the substantive and fiscal consequences of program irregularities, complaints, fraud, and other findings against sponsors P Appeals Provides the process for participant appeal of department decisions , , , , , , , , D D-1.003(2) 5D Documents Incorporated by Reference and Definitions Permits, Licenses and Inspections Dating: Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Milk Desserts. Transfers Rule from Title 5D to Title 5K due to the movement of the Bureau of Dairy Industry to the Division of. Then, update as necessary including adoption of the most recent version of the Pasteurized Milk Ordinance. Transfers Rule from Title 5D to Title 5K due to the movement of the Bureau of Dairy Industry to the Division of. Then, update as necessary. Transfers Rule from Title 5D to Title 5K due to the movement of the Bureau of Dairy Industry to the Division of. Then, update as necessary. Page 11 of 13

12 , , , D Future Dairy Farms, Milk Plants, Manufacturing Milk Transfers Rule from Title 5D to Title 5K due to the movement of the Bureau of Dairy Industry to the Division of Plants and Frozen Dessert. Then, update as necessary. Plants , , , (1)(a), (b), (c), (d), (f), (2), (7), , , , , K Guidelines for Imposing Provides guidelines for imposing administrative fines for violations , , , , , , , , , , , , , , , (2), (6), , , , (1)(a), (b), (c), (d), (f), (2), (7), , , , 5K K Adoption of Federal Regulations and Other Standards Food Permits; Requirements and Fees Adds Code of Federal Regulation references for CFR Add the definitions for wholesale, retail and records Licensing (6) 5N Approval of Other Firearms Establish criteria for use of firearms other than those specified in s (5). Licensing (5),(6), (7), (3) (8), , N Firearms Instructor s Training Manual and Certificate of Firearms Proficiency for Statewide Firearm License; Schools or Training Facilities, License Application; Exemptions Proposed amendments will update the instructional methodology of the Firearms Instructor's Training Manual based on materials and methods used by the Florida Department of Law Enforcement (as approved by the Criminal Justice Standards and Training Commission) for use in teaching recruits basic firearms training, and will simplify and clarify remaining content to aide the instructional process. Page 12 of 13

13 Plant Industry Plant Industry Plant Industry (2), , H , H Assessments; Collections Purpose; Establishment of Campaign Amends the list of commodity specific marketing orders to include all that may potentially meet the requirements of Chapter 573, F.S. Allows for the addition or subtraction of marketing orders without amending the rule each time there is a change. Repeal H Definitions Amends definitions of terms related to the Florida Promotional Campaign (1) 5H (1), H (2) 5H Adoption of the Florida Promotional Campaign Identifiers. Use of the Identifiers; Deposit of Funds Amends the descriptions of the Fresh From Florida Identifiers and clarifies the circumstances under which each one may be used. Amends the approval process for use of the Fresh From Florida Identifiers Participant Registration; Application Forms; Classes Amends the participant registration process and the types of membership and incorporates all related forms of Membership; Renewal (1) 5H Renewal Implements criteria for registration refusal and penalties H , , , , , , , , , , , 5B Plant Industry , B Plant Industry , , Acquisition Procedures for Purchasing Directly Related to the Campaign Citrus Health Response Program. Repeal. Revises the department's regulatory activities regarding quarantine areas, citrus movement standards, and hosts for citrus black spot, citrus canker and citrus greening. This revision will bring our regulatory activities in alignment with federal regulations. 5B Definitions To revise definitions to meet current regulatory activities. 5B Purpose To update incorporated materials 5B Plant Industry , B Plant Industry B Registering with the Division Certification and Quarantine of Nursery Stock Certificates of Inspection (Tags) Record of Movement of Nursery Stock or Plant Material Under Inspection To update regulatory activities for current day activities, update incorporated materials, and adjust registration fees. To update regulatory requirements and the list of plant pests. To update regulatory requirements for current day activities. To update regulatory requirements for current day activities. Page 13 of 13